Energy Act 2008

45 Duty to submit a funded decommissioning programme

(1) This section applies where, on or after the day on which this section comes into force, a person applies for a nuclear site licence in respect of a site to which subsection (2) applies.

(2) This subsection applies to—

(a) a site on which the person intends to construct a nuclear installation for a purpose for which a licence under section 6(1)(a) of the Electricity Act 1989 (c. 29) or Article 10(1)(a) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I.)) (generating licences) is required, and

(b) a site to which this section previously applied by virtue of paragraph (a) and on which the person intends to operate a nuclear installation which was constructed for such a purpose.

(3) The person must—

(a) give written notice of the application to the Secretary of State, and

(b) prepare and submit to the Secretary of State a funded decommissioning programme.

(4) A funded decommissioning programme is a programme which—

(a) makes provision for the technical matters, and

(b) specifies how the implementation of that provision, so far as it relates to the designated technical matters, is to be financed.

(5) The technical matters, in relation to a site, are—

(a) the treatment, storage, transportation and disposal of hazardous material (within the meaning of section 37 of the Energy Act 2004 (c. 20)) during the operation of a nuclear installation on the site,

(b) the decommissioning of any relevant nuclear installation and the cleaning-up of the site, and

(c) activities preparatory to the matters mentioned in paragraph (b);

and for the purposes of paragraph (a) a nuclear installation is not to be regarded as being operated at a time when it is being decommissioned.

(6) The designated technical matters, in relation to a site, are—

(a) such of the matters within subsection (5)(a) or (c) as are specified by the Secretary of State by order, and

(b) the matters within subsection (5)(b).

(7) The funded decommissioning programme must, in particular, contain—

(a) details of the steps to be taken under the programme in relation to the technical matters,

(b) estimates of the costs likely to be incurred in connection with the designated technical matters, and

(c) details of any security to be provided in connection with those costs.

(8) A person who submits a programme must pay to the Secretary of State such fee as may be determined in accordance with regulations under section 54, in respect of the costs mentioned in subsection (9), at a time determined in accordance with such regulations.

(9) The costs are those incurred by the Secretary of State in relation to the consideration of the programme, including, in particular, the costs of obtaining advice in relation to—

(a) the programme, or

(b) information required in relation to the programme in accordance with section 52(4).